LAW OF THINGS

Most proper mode of treating the law of things: -To inquire of what divisions things themselves are susceptible - to divide the rights over the things - to treat of the mode in which these rights are acquired Click to edit Master subtitle style

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PROPERT Y
THINGS (RES) defined as whatever is capable of being the subject of a 2/14/13 right

1.

Res Divini juris things which were subject to divine law. Res Sacrae things dedicated to the gods above and duly consecrated by the pontiffs as sacred buildings and offerings. They cannot be sold or mortgaged, except for the purpose of freedom of captives, support of the poor in time of famine or to pay debts of the church. Res religiosae things dedicated to the gods below Res sanctae things placed under the special protection of the gods, by having a severe penalty attached to the violation of their security

PRINCIPAL DIVISIONS:

1.

3. Res Humani juris are things subject to human law, and consequently, capable of human ownership. Res publicae property belonging to the state and for the use of the citizens thereof Res privatae properties capable of being 2/14/13 owned by the individual persons or entities

OTHER CLASSIFICATIONS:
1.

Nostro patrimonio within our patrimony, which were capable of private ownership

2. Extra Nostro patrirnonium not capable of private ownership a. res publicae public properties b. res communes things common to all mankind c. res universitatis properties belonging to corporate bodies d. res nullius things unappropriated by anyone e. res alicujus belongs to someone
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1.

1.

Res mancipi those that in order to be transferred require the formality of mancipium. - symbolic sale Res nee mancipi things which may be transferred without the formality of mancipium.

1. Res corporales tangible things 2. Res incorporales intangible things

1. 2.

Fungible if it is consumed through its use Non-fungible if it cannot be consumed by its use

Mobiles can be transferred 2/14/13 2. Immobiles cannot be transferred

1.

REAL RIGHTS (JUS PERSONAL RIGHTS IN REM) (JUS IN PERSONAM) 1. A right which 1. Right against a belongs to a person person immediately and absolutely 2. Can be 2. May not be transferred readily transferred except in certain cases
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AS TO TREATMENT OF THINGS

3. Actio in rem

3. Actio in

OWNERSH IP
5 INHERENT ELEMENTS 1.Jus untendi 2. Jus Abutendi 3. Jus fruendi 4. Jus dispondendi 5. Jus vindicandi

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POSSESSION
1. Natural possession mere physical detention or holding of a thing 2. Civil possession is the actual detention couple with the intent to retain the things as ones own 2 elements: 1. Corpus 2. Animus
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MODES OF ACQUIRING OWNERSHIP:

1.

ORIGINAL
a.

Occupation Elements: a) thing to be acquired is res nullius; b) the person acquiring must have physical control and intent. Accession increase of actual gain in ones property

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a.

By natural increase a. Fructus b. Alluvion c. Insula in flumine nata d. Beds of rivers which are abandoned by the natural change of course of waters e. Plantacio f. Bonafide purchased land of another By an act of man a. Written characters b. Paintings c. Inaedificatio d. Mixture (intentional or accidental)

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2. DERIVATIVE
a.

Mancipation - formal ceremony of transfer of property of a symbolic act in the presence of both parties and witnesses Ju Jure Cessio fictitious lawsuit where the transferree claimed before the praetor to be the owner of the res Traditio owner of a corporeal thing transfers to another his ownership

a.

a.

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Elements of Tradition: 1. The person who transferred it must be the owner; 2. He must place the person to whom he transferred it in legal possession of the thing; 3. He must transfer the thing with intention of passing the property in it; 4. The person to whom it was transferred must receive it with the intention to become the owner.

Donation transferring the property by gift . Mortis Causa 2/14/13

d. .

General Rule: Donation inter vivos is irrevocable. Exception: In cases of ingratitude of the donee Kinds of donation inter vivos: 1. Donation ante nuptias 2. Donation propter nuptias

e. Thesaurus if a buried treasure was found by a man on his land, he becomes the owner of that property f. Usucapion ownership is acquired through continuous and uninterrupted possession for a length of time which 2/14/13 eventually ripens into legal dominion

Requisites of usucapion: 1. The thing should be susceptible of being held in dominio; 2. The thing must be possessed ex justa causa; 3. The possession must be in good faith. Usurpatio interruption of usucapion Period of usucapio . 10 years (immovables) . 3 years (movables)
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g. Praescriptio applies only to provincial lands h. Adjudicatio the order of the court conveys the res adjudged to each claimant i. Lex

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SERVITUD ES
RIGHTS OF OWNERSHIP OVER THINGS ARE DIVIDED INTO:
1.

2.

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Jura in suaere which is a right exercise by an individual over his own property. Jura in re aliena which is exercised by a person over the property of

a.

Classification of Servitudes: According to manner of exercise Positive Negative

b. According to the nature of the right of the service . Praedial or real servitude is a right charged on an estate for the benefit of one estate belonging to another a. Rural servitudes those enjoyed by one estate in favor of another estate b. Urban servitudes those established in towns and cities 2/14/13. Personal servitudes the right

Usufruct
-THE RIGHT TO USE AND ENJOY THINGS, MOVABLE OR IMMOVABLE, BELONGING TO OTHERS, PROVIDED THAT THE SUBSTANCE OF THE THINGS USED REMAINS UNIMPAIRED

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USUFRUCT IS TERMINATED BY:

1. 2.

3.

4.

5.

6.

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Death of the usufructuary; Non-usage of the right agreed on by the parties or the time fixed by law; If the usufructuary surrenders the right to the owner; Consolidatio if the usufructuaty acquires the naked ownership of the property; If the object of the usufruct is consumed, has perished or suffered substantial alteration The expiration of the period or the accomplishment of the condition set.

Pledge
(jus pignoris)
-THE RIGHT GIVEN TO THE CREDITOR OVER A THING BELONGING TO ANOTHER IN ORDER TO SECURE THE PAYMENT OF THE DEBT

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Mortgage
(hypotheca)
-THE DEBTOR RETAINS THE POSSESSION OF THE THING GIVEN AS SECURITY FOR AN OBLIGATION

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THANK YOU!

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